1

 

                                                         PERMANENT  COUNCIL

 

 


                                                                                                             OEA/Ser.G

                                                                                                             CP/INF.3964/96 rev. 1

                                                                                                             6 October 1997

                                                                                                             Original: Spanish

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                    CHARTER OF THE ORGANIZATION OF AMERICAN STATES

 

                                   As amended by the Protocol of Buenos Aires in 1967,

                                        by the Protocol of Cartagena de Indias in 1985,

                                               by the Protocol of Washington in 1992

                                              and by the Protocol of Managua in 1993

 

                                                   (Published on a provisional basis)

 

 


                                                        EXPLANATORY NOTE

 

 

 

 

 

 

           In the view of the General Secretariat, the integrated text of the Charter of the Organization of American States—including the amendments thereto contained in the Protocol of Washington, which has been in force since September 25, 1997—should be published for information purposes and as a preliminary document of the Permanent Council, without prejudice to its subsequent publication in the "Treaty Series."

 


 

 

 

 

 

 

 

                                 CHARTER

 

                                 OF THE ORGANIZATION

 

                                 OF AMERICAN STATES

 

 

 

 

 

                                 As amended by the Protocol of Amendment to the Charter of the Organization of American States "Protocol of Buenos Aires", signed on February 27, 1967, at the Third Special Inter‑American Conference,

 

                                 by the Protocol of Amendment to the Charter of the Organization of American States "Protocol of Cartagena de Indias", approved on December 5, 1985, at the Fourteenth Special Session of the General Assembly,

 

                                 by the Protocol of Amendment to the Charter of the Organization of American States "Protocol of Washington", approved on December 14, 1992, at the Sixteenth Special Session of the General Assembly,

 

                                 and by the Protocol of Amendment to the Charter of the Organization of American States "Protocol of Managua", adopted on June 10, 1993, at the Nineteenth Special Session of the General Assembly.

 

 

 

 

 

 

 

 

                                 GENERAL SECRETARIAT

                                 ORGANIZATION OF AMERICAN STATES

                                 WASHINGTON, D.C., 1997


                                                        TABLE OF CONTENTS

 

 

 

                                                                                                                                              Page

 

Preamble                                                                                                                                      .................................................................................................................. 1 

 

 

                                                                    Part One

 

 

Chapter I                   Nature and purposes.................................................................................... 2 

Chapter II                  Principles.................................................................................................... 3 

Chapter III                Members.................................................................................................... 4 

Chapter IV                Fundamental rights and duties of States......................................................... 6 

Chapter V                 Pacific settlement of disputes....................................................................... 8 

Chapter VI                Collective security                                                                                        ................................................................................. 8 

Chapter VII               Integral Development.................................................................................. 9 

 

 

                                                                    Part Two

 

Chapter VIII              The organs................................................................................................ 15 

Chapter IX                The General Assembly............................................................................... 16 

Chapter X                  The Meeting of Consultation of Ministers of Foreign Affairs......................... 18 

Chapter XI                The councils of the Organization................................................................. 20 

Chapter XII               The Permanent Council of the Organization................................................. 21 

Chapter XIII              The Inter‑American Council for Integral Development................................. 24 

Chapter XIV              The Inter‑American Juridical Committee..................................................... 26 

Chapter XV               The Inter‑American Commission on Human Rights...................................... 28 

Chapter XVI              The General Secretariat............................................................................. 28 

Chapter XVII            The Specialized Conferences...................................................................... 32 

Chapter XVIII           The Specialized Organizations.................................................................... 32 

 

 

 

                                                                  Part Three

 

 

Chapter XIX              The United Nations.................................................................................... 33 

Chapter XX               Miscellaneous provisions............................................................................ 34 

Chapter XXI              Ratification and entry into force.................................................................. 35 

Chapter XXII             Transitory provisions.................................................................................. 36 


                       CHARTER OF THE ORGANIZATION OF AMERICAN STATES*

 

 

           IN THE NAME OF THEIR PEOPLES, THE STATES REPRESENTED AT THE NINTH INTERNATIONAL CONFERENCE OF AMERICAN STATES,

 

           Convinced that the historic mission of America is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;

 

           Conscious that that mission has already inspired numerous agreements, whose essential value lies in the desire of the American peoples to live together in peace and, through their mutual understanding and respect for the sovereignty of each one, to provide for the betterment of all, in independence, in equality and under law;

 

           Convinced that representative democracy is an indispensable condition for the stability, peace and development of the region;

 

           Confident that the true significance of American solidarity and good neighborliness can only mean the consolidation on this continent, within the framework of democratic institutions, of a system of individual liberty and social justice based on respect for the essential rights of man;

 

           Persuaded that their welfare and their contribution to the progress and the civilization of the world will increasingly require intensive continental cooperation;

 

           Resolved to persevere in the noble undertaking that humanity has conferred upon the United Nations, whose principles and purposes they solemnly reaffirm;

 

           Convinced that juridical organization is a necessary condition for security and peace founded on moral order and on justice; and

 

           In accordance with Resolution IX of the Inter‑American Conference on Problems of War and Peace, held in Mexico City,

 

 

 

                                                              HAVE AGREED

                                                              upon the following

                                                                          

 

           

*Signed in Bogotá in 1948 and amended by the Protocol of Buenos Aires in 1967, by the Protocol of Cartagena de Indias in 1985, by the Protocol of Washington in 1992, and by the Protocol of Managua in 1993.  In force as of September 25, 1997.


                        CHARTER OF THE ORGANIZATION OF AMERICAN STATES

 

 

                                                                  PART ONE

                                                                          

                                                                    Chapter I

                                                                          

                                                     NATURE AND PURPOSES

 

 

                                                                     Article 1

 

           The American States establish by this Charter the international organization that they have developed to achieve an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence.  Within the United Nations, the Organization of American States is a regional agency.

 

           The Organization of American States has no powers other than those expressly conferred upon it by this Charter, none of whose provisions authorizes it to intervene in matters that are within the internal jurisdiction of the Member States.

 

 

                                                                     Article 2

 

           The Organization of American States, in order to put into practice the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, proclaims the following essential purposes:

 

           a)        To strengthen the peace and security of the continent;

 

           b)        To promote and consolidate representative democracy, with due respect for the principle of nonintervention;

 

           c)        To prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the Member States;

 

           d)        To provide for common action on the part of those States in the event of aggression;

 

           e)        To seek the solution of political, juridical, and economic problems that may arise among them;

 

           f)        To promote, by cooperative action, their economic, social, and cultural development;

 

           g)        To eradicate extreme poverty, which constitutes an obstacle to the full democratic development of the peoples of the hemisphere; and

 

           h)        To achieve an effective limitation of conventional weapons that will make it possible to devote the largest amount of resources to the economic and social development of the Member States.

 

 

 

                                                                   Chapter II

 

                                                                PRINCIPLES

 

 

                                                                     Article 3

 

           The American States reaffirm the following principles:

 

           a)        International law is the standard of conduct of States in their reciprocal relations;

 

           b)        International order consists essentially of respect for the personality, sovereignty, and independence of States, and the faithful fulfillment of obligations derived from treaties and other sources of international law;

 

           c)        Good faith shall govern the relations between States;

 

           d)        The solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy;

 

           e)        Every State has the right to choose, without external interference, its political, economic, and social system and to organize itself in the way best suited to it, and has the duty to abstain from intervening in the affairs of another State.  Subject to the foregoing, the American States shall cooperate fully among themselves, independently of the nature of their political, economic, and social systems;

 

           f)        The elimination of extreme poverty is an essential part of the promotion and consolidation of representative democracy and is the common and shared responsibility of the American States;

 

           g)        The American States condemn war of aggression:  victory does not give rights;

 

           h)        An act of aggression against one American State is an act of aggression against all the other American States;

 

           i)         Controversies of an international character arising between two or more American States shall be settled by peaceful procedures;

 

           j)         Social justice and social security are bases of lasting peace;

 

           k)        Economic cooperation is essential to the common welfare and prosperity of the peoples of the continent;

 

           l)         The American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;

 

           m)       The spiritual unity of the continent is based on respect for the cultural values of the American countries and requires their close cooperation for the high purposes of civilization;

 

           n)        The education of peoples should be directed toward justice, freedom, and peace.

 

 

 

                                                                   Chapter III

                                                                          

                                                                  MEMBERS

 

 

                                                                     Article 4

 

           All American States that ratify the present Charter are Members of the Organization.

 

 

                                                                     Article 5

 

           Any new political entity that arises from the union of several Member States and that, as such, ratifies the present Charter, shall become a Member of the Organization.  The entry of the new political entity into the Organization shall result in the loss of membership of each one of the States which constitute it.

 

 

                                                                     Article 6

 

           Any other independent American State that desires to become a Member of the Organization should so indicate by means of a note addressed to the Secretary General, in which it declares that it is willing to sign and ratify the Charter of the Organization and to accept all the obligations inherent in membership, especially those relating to collective security expressly set forth in Articles 28 and 29 of the Charter.

 

 

                                                                     Article 7

 

           The General Assembly, upon the recommendation of the Permanent Council of the Organization, shall determine whether it is appropriate that the Secretary General be authorized to permit the applicant State to sign the Charter and to accept the deposit of the corresponding instrument of ratification.  Both the recommendation of the Permanent Council and the decision of the General Assembly shall require the affirmative vote of two thirds of the Member States.

 

 

                                                                     Article 8

 

           Membership in the Organization shall be confined to independent States of the Hemisphere that were Members of the United Nations as of December 10, 1985, and the nonautonomous territories mentioned in document OEA/Ser. P, AG/doc.1939/85, of November 5, 1985, when they become independent.

 

 

                                                                     Article 9

 

           A Member of the Organization whose democratically constituted government has been overthrown by force may be suspended from the exercise of the right to participate in the sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization and the Specialized Conferences as well as in the commissions, working groups and any other bodies established.

 

 

           a)        The power to suspend shall be exercised only when such diplomatic initiatives undertaken by the Organization for the purpose of promoting the restoration of representative democracy in the affected Member State have been unsuccessful;

 

           b)        The decision to suspend shall be adopted at a special session of the General Assembly by an affirmative vote of two-thirds of the Member States;

 

           c)        The suspension shall take effect immediately following its approval by the General Assembly;

 

           d)        The suspension notwithstanding, the Organization shall endeavor to undertake additional diplomatic initiatives to contribute to the re-establishment of representative democracy in the affected Member State;